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1980 07 01 CC Minutes, Emergency00701 -1 MINUTES OF THE EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF BAYT0WN July 1, 1980 The City Council of the City of Baytown, Texas, met in emergency session on Tuesday, July 1, 1980, at 5:00 p.m. in the Council Chamber of the Baytown City Hall with the following members in attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons Mary E. Wilbanks Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Absent: Eileen Caffey Councilwoman The meeting was called to order by Mayor Hutto. Ordinance - Authorizing the City Manager to Execute an Agreement With Exxon Company, U.S.A. For Emergency Purchase of Water On Friday, June 27, the Administration approached Leonard Stasney with Exxon to determine whether there was a possibility that the City could obtain some emergency water from Exxon. Mr. Stasney advised the Administration this was possible and on Monday, members of the Administration and Exxon's staff worked very hard to draw up details. One of the connections between the Baytown system and the Exxon system has been made, which is in the vicinity of the Mutual Benefit Association building. Appar- ently, there was a connection in that vicinity for many years, and at some point, it was disconnected. The City forces worked with Exxon to reconnect at that point and a meter has been installed at that location. The line is now being chlorinated. If Council approves the proposed contract, the water from that source will be available to the City on an emergency basis. Secondly, Exxon indicated that if the City could extend its water line directly to Exxon's well, which is not in use since Exxon has converted to surface water, then more water could be avail- able to the City. The Administration has contacted the State Civil Defense Agency. This agency has 8 -inch water pipe avail- able to cities that are experiencing problems with water. There is no cost to cities to use this pipe. The pipe is available to loan to cities if the cities pay the cost for transportation. Randy Strong, City Attorney, discussed the proposed contract with the City Council. Mr. Strong stated that the contract is a fairly short agreement between the City and Exxon. The first section describes the two connections. The Park Street connec- tion is referred to as the North Connection; the other is the South Connection and is located behind the Mutual Benefits Association Building at 3520 Market Street. The North Connection is an emergency supply of water to be utilized when additional water is needed in the City's system in order to protect the safety and welfare of its citizens. The South Connection shall be available for use by the City only when necessary to provide emergency fire protection or to keep the City's overhead storage tanks filled. It does not have the discretionary feature of the North Connection. The way that the contract is drawn provides the City more discretionary use. Both the City of Baytown and Exxon agree there is no limitation as to the maximum number of gallons the City may purchase during the term of this agreement, but it is contemplated by the parties that the City will purchase water only in emergency situations. Paragraph II of the contract 00701 -2 Minutes of the Emergency Meeting - July 1, 1980 sets forth the fee for the water which is to be paid at the end of the contract period. The City will provide and install meters for measuring the City's water usage at both the North and South Connections. It is agreed that representatives of Exxon shall have free access to these meters for the purpose of reading and inspecting. Exxon is not making any representations as to the quality of this water. The City believes that the water is of good quality but if the City determines that the water purchased from Exxon should be treated in order to make it usable within the City water supply system, such treatment is to be provided by the City and at the City's expense. It is also agreed that Exxon retains the right to shut off the supply of water to the City in the event of an emergency with Exxon's facilities that would require the use of the water being purchased by the City under this agreement. The City agrees to indemnify and hold harmless Exxon from and against all claims, demands, causes of action, damages, and injuries of any manner resulting from, arising out of or connected with the supply of emergency water by Exxon to the City. The term of this agreement shall be for ninety (90) days from the date of execution. This agreement may be extended an additional ninety (90) days at the option of the City by making a written request for extension prior to the termination date of this agreement. Councilman Philips inquired if the City employees will be inside the Exxon plant to treat the water. Leonard Stasney explained that the employees will have to enter the Exxon plant in order to chlorinate the water. The Exxon people will start and stop the wells but as far as the chlorination process, the City will be responsible. Councilman Philips also inquired as to how long will it take to get the North Connection installed and operable. Air. Dykes stated that if the City forces can pipe all day, it will take approximately three days. Mr. Dykes stated that hopefully the City can get the pipe delivered by tomorrow evening, and the City can get the chlorinator and special fittings together and be ready to start work. Hopefully by next Wednesday, the system can be hooked up and test results should be received next Friday. The Administration recommended approval of the ordinance. Councilman Cannon stated that this is an example of coopera- tion between the local industries and stated that the City appreciates this cooperation. Councilman Cannon moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Cannon Hayor Hutto Nays: None ORDINANCE NO. 2921 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREE- MENT WITH EXXON COMPANY, U.S.A. WITH REGARD TO EMERGENCY PURCHASE OF WATER AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. The City Council commended the Administration and Exxon staff for their efforts in taking this step before a dangerous situation erupts. Councilman Philips suggested that overtime be used to make this connection in a minimum amount of time. He also inquired if there is any other contingency step that the City could take for example, with fire equipment. Mr. Dykes explained that he is not aware of any steps, but the Administration will check in this regard. 00701 -3 Minutes of the Emergency Meeting - July 1, 1980 Consider Authorization to the Administration to Expend Funds For Transportation of Water Pipe Mr. Dykes explained that the civil defense pipe that the Administration has been speaking of is located just outside of Waco at a Department of Public Safety warehouse. He further stated that today he located a trucking company out of Waco and Hillsboro, who can have trucks there in the morning at 6:00 a.m. to load the pipe. The City needs approximately 8,000 feet of pipe to lay the two lines. With Council's approval, the Adminis- tration has set it up for the trucks to be loaded at 8 :00 a.m. in the morning and should arrive in Baytown at approximately 1:00 p.m. The City forces will unload the pipe at the refinery. The cost of the freight would be $400 per truck. The City will also be out of the expense of returning the pipe. The Highway Depart- ment personnel will load the pipe and will bill the City. ?tor. Dykes stated that it looks as if it will take five trucks to bring the pipe to Baytown at $400 per truckload. There would be the same cost when the pipe has to be returned. Councilman Cannon inquired if the pipe has to be returned to the warehouse or could it be kept in the Gulf Coast area to be available to cities when needed. Mr. Dykes explained that normally the state likes it to be returned and stored in their central warehouse area. In response to a question from Council, the Administration stated that the pipe would be the City's until the emergency is over. Councilwoman Wilbanks moved to authorize the Administration to expend funds for transportation of water pipe; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Cannon Mayor Hutto Nays: None Ordinance - Amending Ordinance No. 2906 by the Addition of a Penalty Clause to Provide a Maximum Penalty of $200 for Violation of the Provision Set Forth in the Ordinance The Administration explained the ordinance that the Council passed in June gave authority to the Mayor to enforce the pro- visions of this ordinance by the discontinuance of water service in the event of violation. Although there has been good coopera- tion from the citizens, the City is finding more and more viola- tions of watering during hours that are not authorized. The Administration felt a need to prepare to enforce this ordinance. The Administration recommended that a penalty provision with a fine of not more than $200 be added to this ordinance. The police department could give citations in this regard. The provision would not be effective until 10 days from its passage by City Council. Councilman Cannon moved for adoption of the ordinance; Councilman Johnson seconded the motion. Councilman Johnson stated that he had a few citizens make comments to him about the Country Club watering and it was brought to his attention that the Country Club has its own watering system. Mr. Lanham also stated that Lee College is pumping water from the ditch that goes through the campus in order to water which is not a violation of the ordinance. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Cannon Mayor Hutto Nays: None 00701 -4 Minutes of the Emergency Meeting - July 1, 1980 ORDINANCE NO. 2922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 2906, PROHIBITING CERTAIN USES OF WATER FROM THE CITY WATER SUPPLY SYSTEM NOT ESSENTIAL TO THE PUBLIC WELL- BEING, TO PROVIDE A PENALTY OF $200 FOR THE VIOLATION OF SAID ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilman Philips stated that many people do not receive the Baytown Sun and suggested that the City get the news media informed. Mr. Lanham stated that the Administration expects the results of the sample of the Decker Drive water well on '".hursday morning. Mr. Lanham further explained that when the City gets that well back in service, the City still will not be able to meet the demand that the City would have if the City had no restrictions. Even when the well is back in service, the City will have to continue to have some restrictions and the Council might want to change the time for watering lawns. Mayor Hutto inquired if the Administration felt with the Decker Drive water well back in service and the tie -in with Exxon, the City might be able to reduce some of the restrictions. Air. Dykes explained that at this time, he really does not know because the City does not have experience with problems of this type. Unfinished Business Air. Lanham explained that the Financial Advisor has brought in the document for the sale of $1,000,000 in certificates of obligation. Those bids are due on the 10th day of July, 1980. Councilwoman Wilbanks stated that the Council members have just received copies of the preliminary report from the Drainage Study Committee. This is the report that will be presented at the public hearing next Wednesday and Councilwoman Wilbanks stated that the Committee would like to invite the public to give their suggestions and input on the project at the public hearing to be held on Wednesday, July 9, 1980 at 7:00 p.m. Ad j ourn With no further business to be transacted, Mayor Hutto adjourned the meeting. Chi PJ Karen Petru, Deputy City Clerk APPROVED: